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Historical Background

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Natives Land Act, 1913
Parliament of South Africa
  • Act to make further provision as to the purchase and leasing of Land by Natives and other Persons in the several parts of the Union and for other purposes in connection with the ownership and occupation of Land by Natives and other Persons.
CitationAct No. 27 of 1913
Enacted byParliament of South Africa
Royal assent16 June 1913
Commenced19 June 1913
Repealed30 June 1991
Administered byMinister of Native Affairs
Repealed by
Abolition of Racially Based Land Measures Act, 1991
Related legislation
Native Trust and Land Act, 1936
Status: Repealed

The late 19th and early 20th centuries observed a junction of colonial imperialism, economic transformation and a rise in racially divisive ideals. As European powers expanded their territories into Africa the social identities of these regions were transformed. With the surplus of natural resources, including gold and diamonds, there was a rush to assert dominance in all regions of Africa. South Africa was introduced to a surplus of mainly British and Dutch immigrants who tried to implement their own ideologies upon the indigenous people of this land. Tensions began to grow between the colonizers and the indigenous groups throughout the 19th century which ultimately lead to the introduction of the Native Land's Act in 1913.

The Natives Land Act, 1913 (subsequently renamed Bantu Land Act, 1913 and Black Land Act, 1913; Act No. 27 of 1913) was an Act of the Parliament of South Africa that was aimed at regulating the acquisition of land. Economic interests, political influence and racial prejudices were main contributors to the introduction of the Native's Lands Act. "The Natives’ Land Act of 1913 defined less than one-tenth of South Africa as indigenous 'reserves' and prohibited any purchase or lease of land by these people outside the reserves. The law also restricted the terms of tenure under which the indigenous could rent and live on white-owned farms.[1]" Through this act, the colonizers were able to profit majorily. The natural resources existing within the indigenous land, and the ability to use indigenous workers generated a lot of wealth. The Native Lands act stands infamous in South African history since it paved the path for institutional discrimination and injustice towards the indigenous people of the land which has continued through current day where a segregated society still remains. Other policies the Natives Land Act enforced include prohibition of interracial marriage, restricted access to many white-only spaces, creation of different public facilities including bathrooms, water fountains, parks and beaches.[2] It is important to note that differently from other discriminatory systems the apartheid system in South Africa was a white minority, discriminating against an indigenous, black majority. Being the minority group, the apartheid government had to ensure they kept control of their power. The way the apartheid government was able to do this was through only allowing white people to vote and hold government positions, essentially making it impossible for them to be overthrown no matter how unjust they acted.[3]

Overview

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The Natives Land Act of 1913[4] was the first major piece of segregation legislation passed by the Union Parliament. It was replaced in 1991. The act decreed that indigenous peoples were not allowed to buy land from the white population and vice versa. Exceptions had to be approved by the Governor-General. The indigenous areas left initially totaled around 7% of the entire land mass of the Union, which was later expanded to 13%.[5]

The Act, aimed at addressing issues related to serfdom or sharecropping, which had profound implications for indigenous people. It specifically prohibited these practices, which had been the primary sources of employment for the indigenous population. Additionally, the legislation safeguarded existing agreements regarding land leased by both parties, particularly in designated "native reserve" areas. [6] In these areas, land, held under communal tenure vested in chiefs, could neither be bought nor sold, nor used as collateral. However, the impact extended beyond the designated reserve areas. The Act also prohibited black tenant farming on white-owned land, a move that significantly affected many black farmers who were sharecroppers or labor tenants. The full implementation of these restrictions was not immediate, but when enforced, it compelled numerous black individuals living in "white" areas into wage labor.[7] Notably, before the Natives Land Act took effect, much of the white-owned land was occupied by the indigenous people engaging in share-cropping arrangements. Indigenous individuals would rent the land for cultivation, sharing the resulting crops with the landowners. This mutually beneficial system drastically changed after the implementation of the Act, as sharecropping and renting of white-owned land by indigenous people were banned. Instead of a partner-ship, the indigenous farmers had to work for their "white-master". Consequently, this prohibition created severe challenges for the indigenous population, rendering them unable to work on the land they had previously cultivated.[8] Compounded by the forced relocation into poorly planned homelands and townships allocated strictly for indigenous groups, the Act initiated a cycle of lasting poverty. The government's relocation efforts, coupled with the inability for the indigenous to find work and provide for themselves, led to a rapid increase in socio-economic issues within these communities.[9]

Discrimination had been prevalent prior to the Natives Land act and majority of the damage was done prior to the act being enforced. The dispossession of indigenous people in this land started when the European colonists first entered the land and started to expand their territory. They used many tactics such as annexation, warfare and the purchase of land. Oftentimes indigenous leaders would accept these annexations and purchases because they realized they were militarily outnumbered and warfare would not be beneficial to either party[10]. Injustices against indigenous groups were prevalent in years prior, however 1913 served as a catalyst for the institutional and more intense discrimination that followed.

Content of the Act

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The following is a brief description of the sections of the Natives Land Act:[11]

Section 1

Defines that land outside the scheduled native areas, except by approval of the Governor-General, and until parliament acts on the commission's report, no Black African could purchase, hire or acquire land etc. other than from another Black African nor could a person who wasn't a Black African purchase, hire or acquire land, etc. from a Black African. This also applied to land within native areas and any exceptions made by the Governor-general was to be tabled in both houses of parliament. All agreement and transactions were null and void ab initio.

Section 2

Defines the appointment, by the Governor-General, of a commission after the commencement of the Act, that would inquire and report on areas where Black African shall not be permitted to acquire or hire land or have interests in land and likewise set aside areas where non-Black Africans were not permitted to acquire or hire land or have interests in land. The reports would include boundaries and maps. The commission had two years to report back to parliament.

Section 3

Defines the make-up of the commission as no less than five people with the ability to appoint persons to assist them and set procedures. Final reports and recommendations were considered accepted if the majority of the commission agreed with the decision. Defines the right of the commission or its representatives to enter any land, obtain any document needed, without fee or charge in order to carry out it inquires.

Section 4

Defines the ability of the Governor-General to use money allocated by parliament, to acquire any land or interest in land as described in section 2 and defines the laws to be used to expropriate land.

Section 5

Defines the fines or imprisonment for a person who attempted to purchase, sale, hire or lease land, or any agreement or transaction which is in contravention of the Act. Applied to companies and corporations to with the directors, managers, and corporate secretary's liable for prosecution and punishment.

Section 6

Defines that the Act will be used in addition to other laws governing Black African land ownership but if in conflict, it defined when this Act would supersede other laws.

Section 7

Defines what provisions of Orange Free State Law Book and Law No. 4 of 1895 remain in force as well as article twenty of Law No. 4 of 1895 of the Orange Free State.

Section 8

Defines when and where the Acts does not affect current laws of land purchase, sale and transfer, ownership and mortgages. Made provisions for the Cape Province where a non-white person could be a registered voter based on land ownership.

Section 9

Defines the right of the Governor-general to create regulations to manage sanitation for native areas not managed by a local authority.

Section 10

Defined the meanings of common words within the Act. Special emphasis was given to defining the meaning of a who is a Black African farm laborer and who isn't, something the former would have to prove himself if in court. Other emphasis was given to defining who is a person who hires land in relation to the Act.

Section 11

Defined the name of the Act.

Social and Economic impact

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The land act had set aside 13% of agricultural land for the indigenous people. However, initially they were only given about 7%. It took them 23 years of fighting to receive the other 6%. Prior to the act, the indigenous people of South Africa had owned majority of the farmland which was annexed, bought or handed over to the white colonists. However the indigenous remained the majority of the population of South Africa whilst only being able to live in 7-13% of the land.[12] This act was an assertion of power within the new government, and policies were formulated to ensure the new government wasn't overthrown. The main policy being only white people could vote or hold government positions and the lack of a strong education system for the indigenous. [13] These injustices trapped the indigenous living in South Africa in a socio-economic crisis. The government claimed that the aim of the Natives Land Act was to control and redistribute farmland in South Africa in hope to remove poverty and benefit all. Despite this claim, it resulted in a massive increase of poverty for indigenous peoples. Prior to the implementation of the act there were relatively low rates of poverty for everyone in South Africa. However, with the dispossession of land combined with the forbidding of share cropping and free leasing/selling of land, the act was beginning of a long history of poverty for the indigenous.[14] According to the paragraph 'The impact of the Land Act', "Perhaps the most visible impact of the Act was that it denied Africans access to land which they owned or had been leasing from White farmers.[15]" The Natives Land Act not only stole land but almost all their possessions including cattle, crops and their homes. Indiegnous people were also forced into becoming laborers for the European settlers and were treated poorly and were not compensated well.[16] The land allocated for indigenous communities was impoverished and separated from the white-owned land. This caused many issues for indigenous people, since they had to travel far for work and weren't being paid enough to support their families. Furthermore, indigenous children were not required to get an education unlike the white children. When indigenous children did pursue education they were forced into schools that were worse and unable to provide the same opportunities as the white schools had. This cycle made it impossible for indigenous people to escape the poverty found in their communities. Indigenous groups were subject to use different facilities than the white people and had restricted access to resources. They were also required to carry around an internal passport which would be checked by law enforcement further restricting their rights and ability to move around within South Africa. As time progressed the indigenous communities got very overpopulated creating crowded slums with poor nutrition, many diseases and little healthcare.[17]

Responses

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The opposition to the Act was modest but vocal. John Dube, president of what would become the African National Congress, used his newspaper to generate international recognition and support. Dube was one of six people who was sent to Britain to try to overturn the law once it came into force in South Africa.[18] "The Natives Land Act sparked fierce opposition particularly by Black African people...[19]" The paragraph goes on to outline criticism of the Act, followed by organized protests: "Between 28 February and 26 April 1913 African leaders continued criticism of the Land Bill in columns of newspapers. However, this changed dramatically after the first reading of the bill on 25 February. Protest meetings were organized in various parts of the country. On May 9th the first major protest meeting was organized by the SANNC at the Masonic Hall in St. James, Cape Town.[20]" These protests were unsuccesful in generating any change in policies. Sol Plaatje traveled to Britain with the SANNC (later the African National Congress) to protest against the Natives Land Act but to no avail. He collected transcripts of court deliberations on the Natives Land Act and testimonies from those directly subject to the act in the 1916 Book Native Life in South Africa.[21]

In the aftermath of the promulgation of the Natives Land Act of 1913, a long struggle for land restitution and reform was endured by indigenous communities. Through the Abolition of Racially Based Land Measures act of 1991 and the 1994 Restitution of Land Act of 1994, small progress was gained. These acts addressed 3 facets of the injustices; land redistribution, land restitution and tenure reform. Indigenous groups were able to file claims for land that was stolen from their ancestors and were eligible to receive compensation or restitution[22]. In 1994, the African National Congress announced they aspired to have 30% of land returned by 2014. A BBC article published in 2018 estimates that only 10% of the farm land had been returned to the indigenous people[23]. This discrepancy in aspiration and actuality shows the persistent hurdles experienced in post-apartheid South Africa.

Commemorations

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The land act of 1913 was eventually repealed in 1991. The Abolition of Racially Based Land Measures act of 1991 initiated change for indigenous people. This act planned to amend the laws and restrictions placed on indigenous people and their ability to purchase, rent or acquire land. It also implemented standards for residential communities and rationalized or phased out racially based institutions and regulatory systems[24]. Although poverty is still very prominent, in years after the abolition, rights and quality of life have slowly got better for members of the affected communities.

In 2013, the South African Government held a centenary ceremony to remember the Natives Land act of 1913. This ceremony served as a reflection upon how horrible the act was and all the damage it caused for indigenous people for the last 100 years. Through this reflection, citizens of South Africa were able to acknowledge the struggles still experienced due to the act and hopefully help generate further reform[25].

Political ironies

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Much political irony surrounded the Act:

  • The minister at the time of its introduction, J.W. Sauer, was a Cape Liberal who opposed disenfranchisement of blacks. He, however, advocated for "separate residential areas for Whites and Natives" in the Parliamentary debate on the bill.
  • John Tengo Jabavu, a prominent "educated African" welcomed the Act,[26][27][28] but John X. Merriman[29] stated that the bill was a "stringent, Draconian, and violent law”[30] additionally William Schreiner opposed the Act on principle.[31][32][33]

Reflections

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References

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  1. ^ "[1], www.britannica.com, accessed 29 March 2021
  2. ^ "The Natives' Land Act, 1913". web.archive.org. 2012-03-23. Retrieved 2023-12-06.
  3. ^ "South Africa: Revolution at the Ballot Box". www.crf-usa.org. Retrieved 2023-12-06.
  4. ^ "19 June 1913 Native Land Act Archived 14 October 2010 at the Wayback Machine", This day in history, publish date unknown (accessed 20 December 2007).
  5. ^ Collins, Robert O. and James M. Burns: A History of Sub-Saharan Africa, p. 346. Cambridge University Press, 2007
  6. ^ "The Natives' Land Act, 1913". web.archive.org. 2012-03-23. Retrieved 2023-10-31.
  7. ^ Talley, Clarence R.; Cotton, Bernard (2019-05-20), "Minority Concentration and Black-White Inequality in U.S. Labor Market Areas", Inequalities in Labor Market Areas, Routledge, pp. 237–255, doi:10.4324/9780429042416-13, ISBN 978-0-429-04241-6
  8. ^ Reporter, Staff (2013-06-14). "1913 land act: A longer history of dispossession". The Mail & Guardian. Retrieved 2023-11-29.
  9. ^ "1913 Natives Land Act Centenary | South African Government". www.gov.za. Retrieved 2023-11-29.
  10. ^ Beinart, William (August 2014). "The Historical Context and Legacy of the Natives Land Act of 1913". The Historical Context and Legacy of the Natives Land Act of 1913. 40 (4): 667–688.
  11. ^ "The Natives' Land Act, 1913". 2012-03-23. Archived from the original on 2012-03-23. Retrieved 2022-09-26.
  12. ^ Reporter, Staff (2013-06-14). "1913 land act: A longer history of dispossession". The Mail & Guardian. Retrieved 2023-10-24.
  13. ^ Walker, Cherryl (29 March, 2017). "The Land Question in South Africa: 1913 and Beyond". Oxforde.com. {{cite web}}: Check date values in: |date= (help)CS1 maint: url-status (link)
  14. ^ Modise, Leepo (December 2013). "The Natives Land Act of 1913 engineered the poverty of Black South Africans : a historico-ecclesiastical perspective" (PDF). Department of Philosophy, Practical and Systematic Theology, University of South Africa, Pretoria, South Africa.
  15. ^ [2], SAHistory.org.za, accessed 29 March 2021
  16. ^ "The 1913 Land Act | The Heritage Portal". www.theheritageportal.co.za. Retrieved 2023-10-24.
  17. ^ "South Africa: Revolution at the Ballot Box". www.crf-usa.org. Retrieved 2023-12-06.
  18. ^ Natives Land Act, SAHistory.org.za, accessed 1 August 2013
  19. ^ "The Natives Land Act of 1913 | South African History Online". www.sahistory.org.za. Retrieved 2023-10-31.
  20. ^ "The Natives Land Act of 1913 | South African History Online". www.sahistory.org.za. Retrieved 2023-11-28.
  21. ^ Plaatje, Sol (1916). Native life in South Africa before and since the European War and the Boer rebellion. London: PS King. ISBN 0582785898.
  22. ^ Walker, Cherryl (August 2014). "Critical Reflections on South Africa's 1913 Natives Land Act and its Legacies". Journal of South African Studies. 40 (4): 655–665 – via JSTOR.
  23. ^ "South Africans' anger over land set to explode". BBC News. 2018-05-29. Retrieved 2023-10-24.
  24. ^ "Abolition of Racially Based Land Measures Act 108 of 1991 | South African Government". www.gov.za. Retrieved 2023-11-29.
  25. ^ "1913 Natives Land Act Centenary | South African Government". www.gov.za. Retrieved 2023-11-29.
  26. ^ Gershoni, Yekutiel (1997). "The South African Liberal Movement and the Model of the American South". In Gershoni, Yekutiel (ed.). Africans on African-Americans. Palgrave Macmillan UK. pp. 145–175. doi:10.1007/978-1-349-25339-5_7. ISBN 978-1-349-25339-5. {{cite book}}: |work= ignored (help)
  27. ^ Beinart, William; Delius, Peter (2014-07-04). "The Historical Context and Legacy of the Natives Land Act of 1913". Journal of Southern African Studies. 40 (4): 667–688. doi:10.1080/03057070.2014.930623. ISSN 0305-7070.
  28. ^ Walshe, A. P. (1969). "The Origins of African Political Consciousness in South Africa". The Journal of Modern African Studies. 7 (4): 583–610. doi:10.1017/S0022278X00018851. ISSN 0022-278X. JSTOR 159153.
  29. ^ "John Xavier Merriman | South African History Online". www.sahistory.org.za. Retrieved 2023-05-30.
  30. ^ "The Natives` Land Act: Ten historical quotes - NEWS & ANALYSIS | Politicsweb". www.politicsweb.co.za. Retrieved 2023-10-11.
  31. ^ Feinberg, Harvey M. (1993). "The 1913 Natives Land Act in South Africa: Politics, Race, and Segregation in the Early 20th Century". The International Journal of African Historical Studies. 26 (1): 65–109. doi:10.2307/219187. ISSN 0361-7882. JSTOR 219187.
  32. ^ see C.F.J Muller (ed), 500 Years, History of South Africa as well as references therein
  33. ^ "Home | Digital Collections". digitalcollections.wesleyan.edu. Retrieved 2021-06-01.

Bibliography

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Mukherjee, Arun P. (January 1990). "Whose post‐colonialism and whose postmodernism?". World Literature Written in English. 30 (2): 1–9. doi:10.1080/17449859008589127. ISSN 0093-1705. L.M. Thompson, A History of South Africa

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Category:Apartheid laws in South Africa Category:1913 in South African law Category:June 1913 events


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